Maybe don't call Earthly "free and open source" when it clearly is neither -- it is licensed under the Business Source License.
Rather, it looks like they’re calling Earthly “open core” or “source available” according to https://earthly.dev/blog/every-open-core-company-should-be-a...
> Free and open
Open source has a much stronger connotation than open and I could certainly see calling it open if the source is available for the core of the product.